Wednesday, September 14, 2011

DC Circuit -- Northeast Hospital Corporation v. Kathleen Sebelius

HHS 2004 rulemaking on overlapping Medicare parts A & C is impermissibly retroactive - agency is bound to prior practice.

Concurrence - language of statute governs.

Northeast Hospital Corporation v. Kathleen Sebelius

DC Circuit -- Wilfred Rattigan v. Eric Holder, Jr

 Order - rebriefing

Wilfred Rattigan v. Eric Holder, Jr

Ninth Circuit -- LOCAL JOINT EXECUTIVE BOARD V. NLRB

Employer violated 8(a)(5) of NLRA by ceasing dues check-off prior to bargaining to impasse.

No need to wait for Board to muster three votes - court rules on merits.

LOCAL JOINT EXECUTIVE BOARD V. NLRB

Ninth Circuit -- BRADLEY JOHNSON V. POWAY UNIFIED SCHOOL DISTRICT

High school calculus class is not a limited public forum for teacher's religious speech.


BRADLEY JOHNSON V. POWAY UNIFIED SCHOOL DISTRICT

Ninth Circuit -- LARRY MOORE V. MARICOPA COUNTY SHERIFF'S

Dismissals for lack of subject-matter-jurisdiction do not count as strikes for proceeding IFP.


LARRY MOORE V. MARICOPA COUNTY SHERIFF'S

Ninth Circuit -- E.T. V. TANI CANTIL-SAKAUYE

Challenge to state juvie justice system properly dismissed under Younger prudential abstention.


E.T. V. TANI CANTIL-SAKAUYE

Ninth Circuit -- USA V. GABRIEL ALVAREZ-MORENO

The critical factor in Younger prudential abstention is not the violation of state laws, but rather the state's executive interest in seeing those particular laws enforced.

Pending state mandamus claims do not relieve federal court of obligation to hear claim.


USA V. GABRIEL ALVAREZ-MORENO
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.